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dicta respecting Blockade, notice and knowledge thereof, which are inserted as Interrogatories 33 and 34. Portions are included in brackets thus, [ ] to indicate that there are slight variations between the original Interrogatories adopted respectively by Great Britain, and the United States of America.)
33. Did the said vessel, on the voyage in which she was captured (or on) or during any or what former voyage or voyages, sail under the convoy of any ship or ships of war, or other armed vessel or vessels ? For what reason or purpose did she sail under such convoy? Of what force was or were such convoying ship or ships, and to what state or country did the same belong ? What instructions or directions had you or did you receive on each and every of such voyages, when under convoy, respecting your sailing or keeping in company with such armed or convoying ship or ships ; and from whom did
you receive such instructions or directions ? Had you any, and what directions or instructions, and from whom, for resisting or endeavoring to avoid or escape from capture, or for destroying, concealing, or refusing to deliver up your vessel's documents and papers; or any and what other papers, that might be or were put on board your said ship? If yea, interrogate particularly as to the tenor of such instructions, and all particulars relating thereto? Let the witness be asked if he is in possession of such instructions, or copies thereof, and, if yea, let him be directed to leave the same with the examiner, to be annexed to his deposition.
34. Did the said ship, during the voyage in which she was captured, or on, or during any, and what former voyage or voyages, sail to or attempt to enter any port under blockade by the arms or forces of any, and which, of the belligerent powers ? If yea, when did you first learn or hear of such port being so blockaded, and were you at any, and what time, and by whom warned not to proceed to, or to attempt to enter such blockaded port? What conversation or other communication passed thereon ? and what course did you pursue upon, and after, being so warned off ?
NOTE. — Other interrogatories were prepared in Great Britain in 1854, to be used in prize cases during the Russian War : likewise in the United States, during the American Rebellion - Vide 2 Sprague, pp. 305 to 325 — consisting in all of 103 questions, 57 general interrogatories, and 46 others : some also in Upton on Prize, p. 295 et seq. consisting altogether of 43 interrogatories.
allegations. (See Pleadings.)
its extent, 54.
founded on want of good faith, 589.
adjustment of question of time, 613.
rebels not, though they may, in rebel territory, be treated as enemies,
if allowable, not feasible, 602.
definition of, 135.
mode, at Lloyd's and elsewhere, 150, 151.
in Admiralty, when taken, 435.
restricted in prize proceedings, 436.
description of, 382.
use and legal effect of, 380.
of Baltic ports 1854, 487, 528.
penalty for breach of, confiscation, 468.
pretenses for violation, 469. (See Prize.)
for what given, 185.
BOTTOMRY BOND Continued.
grounds of defense, 195.
maritime interest, 182.
defined, 558, 559.
protected, going or returning to exchange prisoners, 634, 635.
but liable to be detained, if violating safe conduct or trading, 635.
may be by parol, 358.
of customs duties, 273, 274.
new rule, limited to value of faulty vessel, 62.
other rules and appendix, 76, 77.
conflict as to new practice in the Ostsee, 534 et seq.
cil as appellate court, 538.
protest and criticisms, 543.
French Berlin and Milan, 472.
finally acted upon by Great Britain, 519.
of what and whom, 629.
when justifiable, 632.
in Admiralty, 440.
EMBEZZLEMENT, 291. (See Mariners' Wages.)
FORCED LEVIES, 460. (See Prize.)
or negligence, 297. (See Forfeiture.)
payable on delivery, 364.
difference of jurists, 372.
report to, by Duke de Bassano, 476.
of marine, ground of forfeiture of wages, 298
marine, 182. (See Bottomry.)
qualifications, 51, 52.
struggle and contest between the civilians and common law judges,
since 1789, 23.
since 1815, 24.
for freight, 365.
may be pleaded as defense, 409.
to be in writing, 248–271.
cases relating to, 250.
sources of, 2.
writers on, 3.
preferred claims, 391.
waiver of, laches, 399.
over the crew, vindicated, 312.
justified by legal necessity, 229.
definition sanctioned on appeal, 242 n.
effect of receipt in full, 439.
droits in Admiralty, 440.
as commanders to act discreetly, 625.
as to other matters, 626, 630.
change recommended by Huskisson; his fair exposition led to change;
their object was, 1, to secure the fisheries ; 2, the coasting trade;
5, the distant colonial trade.
duties difficult, 203.
bases of master's authority are agency, necessity, and fidelity, 223.
of English Cabinet, 1861, 481. (See Fraud, Forfeiture, Wages.)
recognized by international law, 566.